The National Employment Standards

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The National Employment Standards

The National Employment Standards Contents The National Employment Standards Division Preliminary Definitions... Purpose of Part... Relationship between National Employment Standards and modern awards... Meaning of base rate of pay... Meaning of child... Meaning of full rate of pay... Meaning of service... Restriction on taking or accruing leave or absence while receiving workers compensation... Modern awards may provide for school-based apprentices and trainees to be paid loadings in lieu... 0 Regulations about what modern awards can do... Relationship with other Commonwealth legislation... Division Maximum weekly hours 0 Maximum weekly hours...0 Division Requests for flexible working arrangements Requests for flexible working arrangements... Division Parental leave and related entitlements Subdivision A General General rule employee must have completed at least months of service... General rule for adoption-related leave child must be under school age etc.... Subdivision B Parental leave Entitlement to unpaid parental leave... The period of leave: other than for members of an employee couple who each intend to take leave... The period of leave: members of an employee couple who each intend to take leave... i The National Employment Standards

Pregnant employee may be required to take unpaid parental leave within weeks before the birth... 0 Notice and evidence requirements... Extending period of unpaid parental leave: extending to use more of available parental leave period...0 Extending period of unpaid parental leave: extending for up to months beyond available parental leave period... Reducing period of unpaid parental leave... Employee who ceases to have responsibility for care of child... Interaction with paid leave... Subdivision C Other entitlements Unpaid special maternity leave... Transfer to a safe job... Consultation with employee on unpaid parental leave... Return to work guarantee... 0 Unpaid pre-adoption leave... Division Annual leave Division applies to employees other than casual employees... Entitlement to annual leave... Taking paid annual leave... Employee not taken to be on paid annual leave at certain times... Payment for annual leave... Modern awards may include certain kinds of provisions... Division Personal/carer s leave and compassionate leave 0 Subdivision A Paid personal/carer s leave 0 Subdivision applies to employees other than casual employees...0 Entitlement to paid personal/carer s leave...0 Taking paid personal/carer s leave...0 0 Employee taken not to be on paid personal/carer s leave on public holiday... Payment for paid personal/carer s leave... Modern awards may include provisions dealing with cashing out of paid personal/carer s leave... Subdivision B Unpaid carer s leave Entitlement to unpaid carer s leave... Taking unpaid carer s leave... Subdivision C Compassionate leave Entitlement to compassionate leave... The National Employment Standards ii

Taking compassionate leave... Payment for compassionate leave (other than for casual employees)... Subdivision D Notice and evidence requirements Notice and evidence requirements... Division Community service leave Meaning of eligible community service activity... 0 Entitlement to be absent from employment for engaging in eligible community service activity... Notice and evidence requirements... Payment to employees (other than casuals) on jury service... Division Long service leave Entitlement to long service leave... Division Public holidays 0 Meaning of public holiday...0 Entitlement to be absent from employment on public holiday... Payment for absence on public holiday... Division 0 Notice of termination and redundancy pay Subdivision A Notice of termination or payment in lieu of notice Requirement for notice of termination or payment in lieu... Transmission of business and notice of termination or payment in lieu... Modern awards may provide for notice of termination by employees... Subdivision B Redundancy pay 0 Redundancy pay... Variation of redundancy pay for other employment or incapacity to pay... Exclusions from obligation to pay redundancy pay... Transmission of business and redundancy pay... Subdivision C Limits on scope of this Division Limits on scope of this Division... Division Fair Work Information Statement Fair Work Australia to publish statement... Giving new employees the Fair Work Information Statement... iii The National Employment Standards

Preliminary Division Section 0 0 The National Employment Standards Division Preliminary Definitions In this Part: adoption-related leave means leave under Division of either of the following kinds: (a) unpaid parental leave taken in association with the placement of a child for adoption (see section ); (b) unpaid pre-adoption leave (see section 0). applicable award-derived long service leave provisions has the meaning given by subsection (). appropriate safe job has the meaning given by subsection (). authorised leave has the meaning given by subsection (). available parental leave period has the meaning given by subsection (). base rate of pay of an employee has the meaning given by section. birth-related leave means leave under Division of either of the following kinds: (a) unpaid parental leave taken in association with the birth of a child (see section ); (b) unpaid special maternity leave (see section ). born to has the meaning given by subsection (). child, in relation to a person, has the meaning given by section. compassionate leave means compassionate leave to which an employee is entitled under section. continuous service has a meaning affected by section. The National Employment Standards

Division Preliminary Section 0 0 0 day of placement, in relation to the adoption of a child by an employee, means the earlier of the following days: (a) the day on which the employee first takes custody of the child for the adoption; (b) the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption. de facto partner, in relation to an employee: (a) means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same sex or different sexes); and (b) includes a former de facto partner of the employee. eligible community service activity has the meaning given by section. employee couple: two employees are an employee couple if each of the employees is the spouse or de facto partner of the other. excepted period has the meaning given by subsection (). full rate of pay of an employee has the meaning given by section. immediate family: the following are members of an employee s immediate family: (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. industry-specific redundancy scheme means redundancy arrangements in a modern award that are described in the award as an industry-specific redundancy scheme. jury service pay means an amount paid under a law of the Commonwealth, or of a State or Territory, for or in respect of jury service, other than an amount that is, or that is in the nature of, an expense-related allowance. The National Employment Standards

Preliminary Division Section 0 0 0 jury service summons means a summons or other instruction (however described) that requires a person to attend for, or perform, jury service. medical certificate means a certificate signed by a medical practitioner. medical practitioner means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. National Employment Standards has the meaning given by subsection (). paid annual leave means paid annual leave to which an employee is entitled under section. paid no safe job leave means paid no safe job leave to which an employee is entitled under paragraph ()(b). paid personal/carer s leave means paid personal/carer s leave to which an employee is entitled under section. pieceworker means an employee who, in a modern award that applies to the employee s employment, is defined or described as a pieceworker. pre-parental leave position has the meaning given by subsection (). public holiday has the meaning given by section. school age, in relation to a child, means the age at which the child is required by a law of the State or Territory in which the child lives to start attending school. school-based apprentice means an employee who is an apprentice and whose employment is subject to a school-based training arrangement. school-based trainee means an employee (other than a school-based apprentice) whose employment is subject to a school-based training arrangement. The National Employment Standards

Division Preliminary Section 0 0 school-based training arrangement means a training arrangement undertaken as part of a course of secondary education. seasonal employee means an employee engaged on a seasonal basis within the meaning of subsections () to (0). serious misconduct has the meaning given by the regulations. service has the meaning given by section. spouse includes a former spouse. unpaid carer s leave means unpaid carer s leave to which an employee is entitled under section. unpaid parental leave means unpaid parental leave to which an employee is entitled under section. unpaid pre-adoption leave means unpaid pre-adoption leave to which an employee is entitled under section 0. unpaid special maternity leave means unpaid special maternity leave to which an employee is entitled under section. Purpose of Part () The purpose of this Part is to set out minimum standards that apply to the employment of employees. () The minimum standards relate to the following matters: (a) maximum weekly hours (Division ); (b) requests for flexible working arrangements (Division ); (c) parental leave and related entitlements (Division ); (d) annual leave (Division ); (e) personal/carer s leave and compassionate leave (Division ); (f) community service leave (Division ); (g) long service leave (Division ); (h) public holidays (Division ); (i) notice of termination and redundancy pay (Division 0); (j) Fair Work Information Statement (Division ). The National Employment Standards

Preliminary Division Section 0 0 0 () This Part constitutes the National Employment Standards. Relationship between National Employment Standards and modern awards () A modern award must not exclude the National Employment Standards or any provision of the National Employment Standards. () A modern award may include the following kinds of provisions: (a) provisions that are ancillary or incidental to the operation of an entitlement of an employee under the National Employment Standards; (b) provisions that supplement the National Employment Standards; but only if the effect of those provisions is not detrimental to an employee in any respect, when compared to the National Employment Standards. Note : (a) (b) Note : Note : Ancillary or incidental provisions permitted by paragraph (a) include (for example) provisions: under which, instead of taking paid annual leave at the rate of pay required by section, an employee may take twice as much annual leave at half that rate of pay; or that specify when payment under section in respect of paid annual leave must be made. Supplementary provisions permitted by paragraph (b) include (for example) provisions: (a) that increase the amount of paid annual leave to which an employee is entitled beyond the number of weeks applicable under section ; or (b) that allow an employee to take paid personal/carer s leave while he or she is on unpaid parental leave (despite subsection ()). Provisions that would not be permitted by paragraph (a) or (b) include (for example) provisions requiring an employee to give more notice of the taking of unpaid parental leave than is required by section 0. () A provision in a modern award that is permitted by subsection () does not contravene subsection (). () A modern award has no effect to the extent to which it contravenes this section. The National Employment Standards

Division Preliminary Section 0 0 0 () Nothing in this section affects a modern award to the extent to which it includes provisions that modern awards are expressly permitted to include: (a) by a provision of this Part; or (b) by regulations made for the purposes of paragraph 0(a). Note: In determining what is permitted to be included in a modern award by a provision mentioned in paragraph (a), any regulations made for the purpose of paragraph 0(b) must be taken into account. () The National Employment Standards have effect subject to provisions included in a modern award as mentioned in subsection (). Note: See also the note to subsection (). Meaning of base rate of pay () The base rate of pay of an employee, other than a pieceworker, is the rate of pay payable to the employee for his or her ordinary hours of work, but not including any of the following: (a) incentive-based payments and bonuses; (b) loadings; (c) monetary allowances; (d) overtime or penalty rates; (e) any other separately identifiable amounts. () The base rate of pay of an employee who is a pieceworker is the rate of pay specified in the relevant modern award as the employee s base rate of pay for the purpose of this Part. Meaning of child () A child of a person is: (a) a biological child of the person; or (b) an adopted child or step-child of the person; or (c) if, at any time, the person was in a relationship as a couple with another person (whether the persons are the same sex or different sexes) a child who is a product of the person s relationship with that other person. It does not matter whether the child is an adult. The National Employment Standards

Preliminary Division Section 0 0 0 () For the purpose of paragraph ()(c), a child cannot be the product of a relationship between two persons (whether the persons are the same sex or different sexes) for the purposes of this Part unless the child is the biological child of at least one of the persons or is born to a woman in the relationship. () If, under this section, one person is a child of another person, other relationships are also to be determined on the basis that the child is a child of the other person. Note: For example, for the purpose of the definition of immediate family in section : (a) the other person is the parent of the child; and (b) the child is the sibling of any other child of the other person. Meaning of full rate of pay () The full rate of pay of an employee, other than a pieceworker, is the rate of pay payable to the employee, including all the following: (a) incentive-based payments and bonuses; (b) loadings; (c) monetary allowances; (d) overtime or penalty rates; (e) any other separately identifiable amounts. () The full rate of pay of an employee who is a pieceworker is the rate of pay specified in the relevant modern award as the employee s full rate of pay for the purpose of this Part. Meaning of service In this Part, other than Divisions and and Subdivision A of Division 0 () For the purpose of this Part, other than Division (requests for flexible working arrangements), Division (parental leave and related entitlements) and Subdivision A of Division 0 (notice of termination or payment in lieu of notice): The National Employment Standards

Division Preliminary Section 0 0 0 (a) a period of service by an employee with an employer is a period during which the employee is employed by the employer, but not including any excepted period; and (b) an excepted period does not break an employee s continuous service with an employer, but is not to be counted towards the length of the employee s continuous service. () An excepted period is: (a) any period of unauthorised absence; or (b) any period of unpaid leave or unpaid authorised absence, other than: (i) a period of absence under Division (community service leave); or (ii) a period of leave or absence of a kind prescribed by the regulations. In Divisions and and Subdivision A of Division 0 () For the purpose of Division (requests for flexible working arrangements), Division (parental leave and related entitlements) and Subdivision A of Division 0 (notice of termination or payment in lieu of notice): (a) a period of service by an employee with an employer is a period during which the employee is employed by the employer, but not including any period of unauthorised absence; and (b) a period of unauthorised absence does not break an employee s continuous service with an employer, but is not to be counted towards the length of the employee s continuous service. Restriction on taking or accruing leave or absence while receiving workers compensation () Subject to subsections () and (), an employee is not entitled to take or accrue any leave or absence (whether paid or unpaid) under this Part during a period (a compensation period) when the employee is absent from work because of a personal illness, or a personal injury, for which the employee is receiving compensation The National Employment Standards

Preliminary Division Section 0 0 payable under a law (a compensation law) of the Commonwealth, or of a State or Territory, relating to workers compensation. () Subsection () does not prevent an employee from taking or accruing leave during a compensation period if the taking or accruing of the leave is permitted by a compensation law. () Subsection () does not prevent an employee from taking unpaid parental leave during a compensation period. Modern awards may provide for school-based apprentices and trainees to be paid loadings in lieu A modern award may provide for school-based apprentices or school-based trainees to be paid loadings in lieu of any of the following: (a) paid annual leave; (b) paid personal/carer s leave; (c) paid absence under Division (public holidays). 0 Regulations about what modern awards can do The regulations may: (a) permit modern awards to include provisions that would or might otherwise be contrary to this Part; or (b) prohibit modern awards from including provisions that would or might otherwise be permitted by a provision of this Part. Relationship with other Commonwealth legislation This Part establishes minimum standards and so is intended to supplement, and not to override, entitlements under other Commonwealth legislation. The National Employment Standards

Division Maximum weekly hours Section 0 0 0 Division Maximum weekly hours Maximum weekly hours Standard hours () Subject to subsection (), an employee s hours of work for an employer in a week must not exceed: (a) for a full-time employee hours; or (b) for an employee other than a full-time employee the lesser of: (i) hours; and (ii) the employee s ordinary hours of work in a week. Reasonable additional hours () The employer may request or require the employee to work reasonable additional hours in the week. () The employee may refuse to work additional hours (beyond those mentioned in subsection ()) if they are unreasonable. () In determining whether additional hours are reasonable or unreasonable for the purposes of subsections () and (), the following must be considered: (a) any risk to employee health and safety from working the additional hours; (b) the employee s personal circumstances, including family responsibilities; (c) the needs of the workplace or enterprise in which the employee is employed; (d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours; (e) the notice (if any) given by the employer of any request or requirement to work the additional hours; 0 The National Employment Standards

Maximum weekly hours Division Section 0 0 0 (f) the notice (if any) given by the employee of his or her intention to refuse to work the additional hours; (g) the usual patterns of work in the industry, or the part of an industry, in which the employee works; (h) the nature of the employee s role, and the employee s level of responsibility; (i) whether the additional hours are in accordance with averaging provisions included a modern award; (j) any other relevant matter. Authorised leave treated as hours worked () For the purposes of subsection (), the hours an employee works in a week are taken to include any hours of authorised leave the employee takes in the week. Authorised leave is the employee s leave, or absence, whether paid or unpaid, that is authorised: (a) by the employee s employer; or (b) by or under a term or condition of the employee s employment; or (c) by or under a law of the Commonwealth, or of a State or a Territory, or an instrument in force under such a law. Modern awards may provide for averaging of hours of work () A modern award may include provisions for the averaging of hours of work over a specified period. The average weekly hours over the period must not exceed: (a) for a full-time employee hours; or (b) for an employee other than a full-time employee the lesser of: (i) hours; and (ii) the employee s ordinary hours of work in a week. Note: Hours in excess of the hours referred to in paragraph ()(a) or (b) that are worked in a week in accordance with averaging provisions in a modern award will be treated as additional hours for the purpose of this section, but the averaging provisions will be relevant in determining whether the additional hours are reasonable (see paragraph ()(i)). The National Employment Standards

Division Requests for flexible working arrangements Section 0 0 0 Division Requests for flexible working arrangements Requests for flexible working arrangements () An employee who is a parent, or has a responsibility for the care, of a child under school age may request the employer for a change in working arrangements for the purpose of assisting the employee to care for the child. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. () The employee is not entitled to make the request unless: (a) for an employee other than a casual employee the employee has completed at least months of continuous service with the employer immediately before making the request; or (b) for a casual employee the employee: (i) has been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least months immediately before making the request; and (ii) has a reasonable expectation of continuing engagement by the employer on a regular and systematic basis. () The request must: (a) be in writing; and (b) set out details of the change sought and reasons for the change. () The employer must give the employee a written response to the request within days, stating whether the employer grants or refuses the request. () The employer may refuse the request only on reasonable business grounds. () If the employer refuses the request, the written response under subsection () must include the reasons for the refusal. The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 Division Parental leave and related entitlements Subdivision A General General rule employee must have completed at least months of service Employees other than casual employees () An employee, other than a casual employee, is not entitled to leave under this Division (other than unpaid pre-adoption leave) unless the employee has, or will have, completed at least months of continuous service with the employer immediately before: (a) if the leave is birth-related leave the date of birth, or the expected date of birth, of the child; or (b) if the leave is adoption-related leave the day of placement, or the expected day of placement, of the child. Casual employees () A casual employee is not entitled to leave (other than unpaid pre-adoption leave) under this Division unless: (a) the employee has, or will have, been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least months immediately before: (i) if the leave is birth-related leave the date of birth, or the expected date of birth, of the child; or (ii) if the leave is adoption-related leave the day of placement, or the expected day of placement, of the child; and (b) but for the birth or expected birth of the child, or the placement or the expected placement of the child, the employee would have a reasonable expectation of continuing engagement by the employer on a regular and systematic basis. The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 General rule for adoption-related leave child must be under school age etc. An employee is not entitled to adoption-related leave under this Division unless the child that is, or is to be, placed with the employee for adoption: (a) is, or will be, under school age as at the day of placement, or the expected day of placement, of the child; and (b) has not, or will not have, lived continuously with the employee for a period of months or more as at the day of placement, or the expected day of placement, of the child; and (c) is not a child of the employee or the employee s spouse or de facto partner. Subdivision B Parental leave Entitlement to unpaid parental leave () An employee is entitled to months of unpaid parental leave if: (a) the leave is associated with: (i) the birth of a child, being a child who is born to the employee or the employee s spouse or de facto partner; or (ii) the placement of a child with the employee for adoption; and (b) the employee has or will have a responsibility for the care of the child. Note : Entitlement is also affected by sections and. Note : The months is reduced by the amount of any unpaid special maternity leave the employee has taken (see subsection ()). () A child is born to a person if (and only if): (a) the person gives birth to the child; or (b) the child is born, and the person is the biological mother or biological father of the child. The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 () Despite the definition of child in section, an employee is not entitled to unpaid parental leave in relation to a child if the child is not: (a) born to the employee or the employee s spouse or de facto partner (within the meaning of subsection () of this section); or (b) placed with the employee for adoption. The period of leave: other than for members of an employee couple who each intend to take leave When this section applies () This section applies to an employee who intends to take unpaid parental leave if: (a) the employee is not a member of an employee couple; or (b) the employee is a member of an employee couple, but the other member of the couple does not intend to take unpaid parental leave. Leave must be taken in single continuous period () The employee must take the leave in a single continuous period. Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave: see section. When birth-related leave must start () If the leave is birth-related leave for a female employee who is pregnant with, or gives birth to, the child, the period of leave may start up to weeks before the expected date of birth of the child, but must not start later than the date of birth of the child. () If subsection () does not apply, the period of leave must start on the date of birth of the child. When adoption-related leave must start () If the leave is adoption-related leave, the period of leave must start on the day of placement of the child. The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 The period of leave: members of an employee couple who each intend to take leave When this section applies () This section applies to an employee couple if each of the employees intends to take unpaid parental leave. Leave must be taken in single continuous period () Each employee must take the leave in a single continuous period. Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave: see section. When birth-related leave must start () If the leave is birth-related leave: (a) one employee s period of leave must start first, in accordance with the following rules: (i) if the member of the employee couple whose period of leave starts first is a female employee who is pregnant with, or gives birth to, the child the period of leave may start up to weeks before the expected date of birth of the child, but must not start later than the date of birth of the child; (ii) if subparagraph (i) does not apply the period of leave must start on the date of birth of the child; and (b) the other employee s period of leave must start immediately after the end of the first employee s period of leave (or that period as extended under section or ). When adoption-related leave must start () If the leave is adoption-related leave: (a) one employee s period of leave must start on the day of placement of the child; and (b) the other employee s period of leave must start immediately after the end of the first employee s period of leave (or that period as extended under section or ). The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 Limited right to take concurrent leave () If one of the employees takes a period (the first employee s period of leave) of unpaid parental leave in accordance with paragraph ()(a) or ()(a), the other employee may take a period of unpaid parental leave (the concurrent leave) during the first employee s period of leave, if the concurrent leave complies with the following requirements: (a) the concurrent leave must be for a period of weeks or less; (b) subject to paragraph (c), the concurrent leave must not start before, and must not end more than weeks after: (i) if the leave is birth-related leave the date of birth of the child; or (ii) if the leave is adoption-related leave the day of placement of the child; (c) if the employer agrees, the concurrent leave may (subject to paragraph (a)): (i) start earlier than is permitted by paragraph (b); or (ii) end up to weeks later than is permitted by paragraph (b). () Concurrent leave taken by an employee: (a) is an exception to the rule that the employee must take his or her leave in a single continuous period (see subsection ()); and (b) is an exception to the rules about when the employee s period of unpaid parental leave must start (see subsection () or ()). Note: The concurrent leave is unpaid parental leave and so comes out of the employee s entitlement to months of unpaid parental leave under section. Pregnant employee may be required to take unpaid parental leave within weeks before the birth () If a pregnant employee who is entitled to parental leave (whether or not she has complied with section 0) continues to work during the period of weeks before the expected date of birth of the child, the employer may ask the employee to give the employer a medical certificate containing the following statements (as applicable): The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 (a) a statement of whether the employee is fit to work; (b) if the employee is fit to work a statement of whether it is inadvisable for the employee to continue in her present position during a stated period because of: (i) illness, or risks, arising out of the employee s pregnancy; or (ii) hazards connected with the position. Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act. () Subject to subsection (), the employer may require the employee to take a period of unpaid parental leave (the period of leave) as soon as reasonably practicable if: (a) the employee does not give the employer the requested certificate within days after the request; or (b) within days after the request, the employee gives the employer a medical certificate stating that the employee is not fit for work; or (c) the following subparagraphs are satisfied: (i) within days after the request, the employee gives the employer a medical certificate stating that the employee is fit for work, but that it is inadvisable for the employee to continue in her present position for stated period for a reason mentioned in subparagraph ()(b)(i) or (ii); (ii) section does not apply to the employee. Note: If the medical certificate contains a statement as mentioned in subparagraph (c)(i) and section applies to the employee, the employee is entitled under that section to be transferred to a safe job, or to paid no safe job leave. () The period of leave must not end later than the earlier of the following: (a) the end of the pregnancy; (b) if the employee has given the employer notice of the taking of a period of leave connected with the birth of the child (whether it is unpaid parental leave or some other kind of leave) the start date of that leave. () The period of leave: The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 0 (a) is an exception to the rule that the employee must take her unpaid parental leave in a single continuous period (see subsection () or ()); and (b) is an exception to the rules about when the employee s period of unpaid parental leave must start (see subsection () or ()). Note: The period of leave is unpaid parental leave and so comes out of the employee s entitlement to months of unpaid parental leave under section. () The employee is not required to comply with section 0 in relation to the period of leave. 0 Notice and evidence requirements Notice () An employee must give his or her employer written notice of the taking of unpaid parental leave under section or by the employee. () The notice must be given to the employer: (a) at least 0 weeks before starting the leave; or (b) if that is not reasonably practicable as soon as is reasonably practicable (which may be a time after the leave has started). () The notice must specify the intended start and end dates of the leave. Evidence () An employee who has given his or her employer notice of the taking of unpaid parental leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person: (a) if the leave is birth-related leave of the date of birth, or the expected date of birth, of the child; or (b) if the leave is adoption-related leave: (i) of the day of placement, or the expected day of placement, of the child; and The National Employment Standards

Division Parental leave and related entitlements Section 0 0 (ii) that the child is, or will be, under school age as at the day of placement, or the expected day of placement, of the child. () Without limiting the generality of subsection (), an employer may require the evidence referred to in paragraph ()(a) to be a medical certificate. Compliance () An employee is not entitled to take unpaid parental leave under section or unless the employee complies with this section. Note: Personal information given to an employer under this section may be regulated under the Privacy Act. Extending period of unpaid parental leave: extending to use more of available parental leave period When this section applies () This section applies if: (a) an employee has, in accordance with section 0, given notice of the taking of unpaid parental leave; and (b) the period specified in the notice (the original leave period) is less than the employee s available parental leave period. () The employee s available parental leave period is months, less any periods of the following kinds: (a) a period of concurrent leave that the employee has taken in accordance with subsection (); (b) a period of unpaid parental leave that the employee has been required to take under subsection (); (c) a period by which the employee s entitlement to unpaid parental leave is reduced under paragraph ()(c); (d) a period of special maternity leave that the employee has taken. 0 The National Employment Standards

Parental leave and related entitlements Division Section 0 0 First extension by giving notice to employer () The employee may extend the period of unpaid parental leave by giving his or her employer written notice of the extension not later than weeks before the end date of the original leave period. The notice must specify the new end date for the leave. () Only one extension is permitted under subsection (). Subsequent extensions by agreement with employer () If the employer agrees, the employee may further extend the period of unpaid parental leave one or more times. No entitlement to extension beyond available parental leave period () Nothing in this section entitles the employee to extend the period of unpaid parental leave beyond the employee s available parental leave period. Extending period of unpaid parental leave: extending for up to months beyond available parental leave period Employee may request further period of leave () An employee who takes unpaid parental leave for his or her available parental leave period may request his or her employer to agree to an extension of unpaid parental leave for the employee for a further period of up to months immediately following the end of the available parental leave period. Making the request () The request must be in writing, and must be given to the employer at least weeks before the end of the available parental leave period. Agreeing to the requested extension () The employer must agree to the requested extension, unless the employer has reasonable business grounds for refusing. The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 Special rules for employee couples () The following paragraphs apply in relation to a member of an employee couple extending a period of unpaid parental leave in respect of a child under this section: (a) the request must specify the amount (if any) of unpaid parental leave and unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts; (b) the period of the extension cannot exceed months, less any period of unpaid parental leave or unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts; (c) the amount of unpaid parental leave to which the other member of the employee couple is entitled under section in respect of the child is reduced by the period of the extension. Reducing period of unpaid parental leave If the employer agrees, an employee may reduce the period of unpaid parental leave he or she takes. Employee who ceases to have responsibility for care of child () This section applies to an employee who has taken unpaid parental leave in respect of a child if the employee ceases to have any responsibility for the care of the child. () The employer may give the employee written notice requiring the employee to return to work on a specified day. () The specified day: (a) must be at least weeks after the notice is given to the employee; and (b) if the leave is birth-related leave taken by a female employee who has given birth must not be earlier than weeks after the date of birth of the child. The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 () The employee s entitlement to unpaid parental leave in respect of the child ends immediately before the specified day. Interaction with paid leave () Subject to subsections () and (), nothing in this Subdivision prevents an employee from taking any other kind of paid leave while he or she is taking unpaid parental leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave. Note: For example, if the employee has paid annual leave available, he or she may (with the employer s agreement) take some or all of that paid annual leave at the same time as the unpaid parental leave. () An employee is not entitled to take paid personal/carer s leave or compassionate leave while he or she is taking unpaid parental leave. () An employee is not entitled to any payment under Division (community service leave) in relation to activities the employee engages in while taking unpaid parental leave. Subdivision C Other entitlements Unpaid special maternity leave Entitlement to unpaid special maternity leave () A female employee is entitled to a period of unpaid special maternity leave if she is unfit for work during that period because: (a) she has a pregnancy-related illness; or (b) she has been pregnant, and the pregnancy ends within weeks of the expected date of birth of the child otherwise than by the birth of a living child. Note: Entitlement is also affected by section. Notice and evidence () An employee must give her employer notice of the taking of unpaid special maternity leave by the employee. The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 () The notice: (a) must be given to the employer as soon as reasonably practicable (which may be a time after the leave has started); and (b) must advise the employer of the period, or expected period, of the leave. () An employee who has given her employer notice of the taking of unpaid special maternity leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in subsection (). () Without limiting the generality of subsection (), an employer may require the evidence referred to in that subsection to be a medical certificate. () An employee is not entitled to take unpaid special maternity leave unless the employee complies with subsections () to (). Taking of special maternity leave reduces entitlement to unpaid parental leave () A female employee s entitlement to months unpaid parental leave associated with the birth of a child (see section ) is reduced by the amount of any unpaid special maternity leave taken by the employee while she was pregnant. Note: Personal information given to an employer under this section may be regulated under the Privacy Act. Transfer to a safe job () This section applies to a female employee who is pregnant if: (a) she is entitled to unpaid parental leave; and (b) she has already complied with the notice and evidence requirements of section 0 for taking unpaid parental leave; and (c) she gives her employer evidence that would satisfy a reasonable person that she is fit to work, but that it is inadvisable for her to continue in her present position during a stated period (the risk period) because of: The National Employment Standards

Note: Parental leave and related entitlements Division Section (i) illness, or risks, arising out of her pregnancy; or (ii) hazards connected with that position. Personal information given to an employer under this subsection may be regulated under the Privacy Act. 0 0 0 () Without limiting the generality of paragraph ()(c), an employer may require the evidence referred to in that paragraph to be a medical certificate. () If this section applies to an employee: (a) if there is an appropriate safe job available the employer must transfer the employee to that job for the risk period, with no other change to the employee s terms and conditions of employment; or (b) if there is no appropriate safe job available the employee is entitled to take paid no safe job leave for the risk period. () An appropriate safe job is a safe job that has: (a) the same ordinary hours of work as the employee s present position; or (b) a different number of ordinary hours agreed to by the employee. () Without limiting paragraph ()(a), if the employee is transferred to an appropriate safe job for the risk period, the employer must pay the employee for the safe job at the employee s full rate of pay (for the position she was in before the transfer) for the hours that she works in the risk period. () If the employee takes paid no safe job leave for the risk period, the employer must pay the employee at the employee s base rate of pay for the employee s ordinary hours of work in the risk period. () If the employee s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends. Consultation with employee on unpaid parental leave () If: (a) an employee is on unpaid parental leave; and The National Employment Standards

Division Parental leave and related entitlements Section 0 0 0 (b) the employee s employer makes a decision that will have a significant effect on the status, pay or location of the employee s pre-parental leave position; the employer must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position. () The employee s pre-parental leave position is: (a) unless paragraph (b) applies, the position the employee held before starting the unpaid parental leave; or (b) if, before starting the unpaid parental leave, the employee: (i) was transferred to a safe job because of her pregnancy; or (ii) reduced her working hours due to her pregnancy; the position the employee held immediately before that transfer or reduction. Return to work guarantee On finishing unpaid parental leave, an employee is entitled to return to: (a) the employee s pre-parental leave position; or (b) if that position no longer exists an available position for which the employee is qualified and suited nearest in status and pay to the pre-parental leave position. 0 Unpaid pre-adoption leave Entitlement to unpaid pre-adoption leave () Subject to subsection (), an employee is entitled to up to days of unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for the employee s adoption of a child. Note: Entitlement is also affected by sections and. () An employee is not entitled to take a period of unpaid pre-adoption leave if: The National Employment Standards

Parental leave and related entitlements Division Section 0 0 0 (a) the employee could instead take some other form of leave; and (b) the employer would prefer the employee to take that other form of leave. () An employee who is entitled to a period of unpaid pre-adoption leave is entitled to take the leave as: (a) a single continuous period of up to days; or (b) any separate periods to which the employee and the employer agree. Notice and evidence () An employee must give his or her employer notice of the taking of unpaid pre-adoption leave by the employee. () The notice: (a) must be given to the employer as soon as reasonably practicable (which may be a time after the leave has started); and (b) must advise the employer of the period, or expected period, of the leave. () An employee who has given his or her employer notice of the taking of unpaid pre-adoption leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken to attend an interview or examination as mentioned in subsection (). () An employee is not entitled to take unpaid pre-adoption leave unless the employee complies with subsections () to (). Note: Personal information given to an employer under this section may be regulated under the Privacy Act. The National Employment Standards

Division Annual leave Section 0 0 Division Annual leave Division applies to employees other than casual employees This Division applies to employees, other than casual employees. Entitlement to annual leave () Subject to subsection (), for each year of service with his or her employer, an employee is entitled to: (a) weeks of paid annual leave; or (b) if a modern award that applies to the employee s employment defines or describes the employee as a shiftworker for the purpose of this Division weeks of paid annual leave. () An employee s entitlement to paid annual leave accrues progressively during a year of service according to the employee s ordinary hours of work. Note: If an employee s employment ends during what would otherwise have been a year of service, the employee accrues paid annual leave up to the time when the employment ends. Taking paid annual leave () Paid annual leave may be taken for a period agreed between an employee and his or her employer. () The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave. Employee not taken to be on paid annual leave at certain times () If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday. The National Employment Standards

Annual leave Division Section 0 0 0 () If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) under this Part, or a period of absence from employment under Division (community service leave), the employee is taken not to be on paid annual leave for the period of that other leave or absence. Payment for annual leave () If, in accordance with this Division, an employee takes a period of paid annual leave, the employer must pay the employee at the employee s base rate of pay for the employee s ordinary hours of work in the period. () If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee under subsection () if the employee had taken that period of annual leave. Modern awards may include certain kinds of provisions () A modern award may include provisions of any of the following kinds: (a) provisions for the cashing out of paid annual leave; (b) provisions requiring an employee (or allowing for an employee to be required) to take paid annual leave in particular circumstances; (c) provisions otherwise dealing with the taking of paid annual leave. () Provisions in a modern award for the cashing out of paid annual leave must: (a) prohibit the employer from exerting undue influence or undue pressure on the employee to cash out the employee s leave; and (b) provide that the employee must be paid the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone. The National Employment Standards